Keller v. BD. OF EDUC. OF JONESBORO

Plaintiffs Corliss and Gladys Keller filed a two-count complaint in the circuit court of Union County against defendant Board of Education. The Board moved to dismiss the complaint for failure to state a cause of action, which was granted by the trial court. Plaintiffs elected to stand on their pleadings and, accordingly, the action was dismissed with prejudice. Plaintiffs appeal.

As stated in the complaint, plaintiffs are the owners of a residence located on Cook Street in Jonesboro. The Board’s grade school athletic field and baseball diamond is located directly across Cook Street opposite…